The above-captioned case was scheduled for hearing on December 7, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Pearson, Jasparro and Filippi were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Paul Doyle of the Providence Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 14, 2010 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the December 7, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the October 14, 2010 plan review report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the December 7, 2010 hearing on this matter, the Board was advised that the parties had discussed an alternative to sprinklering the basement occupancy by separating this occupancy, at the direction and to the satisfaction of the Providence Fire Marshals Office with an approved UL design including the installation of rated doors with automatic closers approved by the Providence Fire Marshals Office.  The Board was further advised that this facility is currently protected by a municipally connected fire alarm system and shall remain protected by that system.  Accordingly, the Board hereby grants a variance from the provisions of section 37.3.5.1(3) in order to allow the Applicant to separate the garage area from the basement of this facility with approved self closing doors and assemblies installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  Once the Providence Fire Marshals Office is satisfied with the separation of this facility, the Applicant shall not be required to install sprinklers within this basement area.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].